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(영문) 수원지방법원 2016.07.20 2015고단3956
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant driven a D Dok Dok truck, which was not covered by the mandatory insurance without a driver's license, while under the influence of 0.187% of alcohol in blood, on the front of the road located in the wife B, Young-si. In light of the foregoing, the Defendant driven a Dok Dok truck without a driver's license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Investigation report (verification of mandatory insurance to any proposed vehicle), and inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The defendant shall be sentenced to imprisonment with prison labor, taking into account the following: the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes during the period of suspended sentence of punishment; and the fact that the defendant has been sentenced to a fine for non-licensed driving during the suspended sentence period:

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